Scripps Project Hits Snag

State Agency Delays Approval Of Land-use Changes.

November 17, 2004|BY CADENCE MERTZ Staff writer

Hampered by hurricanes and permit holdups, Scripps Florida is unlikely to meet the Jan. 3 start of construction for months cited as a stringent deadline.

Tuesday, the state Department of Community Affairs told Palm Beach County it would not approve key land-use changes the county needs to move the biotech project forward. The department blamed the trouble on"a procedural oversight," but it's enough to put yet another hitch in the project.

County officials on Tuesday were confident they could clear up the problem, win the needed state approvals and move the project forward by mid-December. In fact, the state's proposal for dealing with the issue works out well for the county, Scripps Program Manager Bevin Beaudet said.

Still, Beaudet said he will tell The Scripps Research Institute executives the county expects a 60- to 90-day delay. Currently, Beaudet said the project is about 30 days behind schedule.

Palm Beach County's contract with the California-based biotech research giant allows for delays because of government regulation or litigation.

Scripps General Counsel Doug Bingham declined to comment on a potential 60- to 90-day delay because the county has yet to inform him of it, he said. Scripps has been proceeding as if construction still is on schedule, he said.

"We've worked really hard to recruit an outstanding faculty and staff and build momentum right now," Bingham said. "But little potholes like this are unfortunate and hurt the momentum. Certainly, I don't think it was intentional."

Beaudet said he will inform Scripps in writing this week.

While county commissioners spent the summer debating the eventual site of Scripps Florida, pressure mounted to stick to the project's tight schedule.

Gov. Jeb Bush has called on the county to adhere to the timeline. Scripps has cited the schedule for wanting to stay on the designated site, the Mecca Farms orange grove west of Palm Beach Gardens.

In September, as county commissioners bogged down in debate over where to build the project, Scripps trustees said the institute may have trouble meeting its commitments if construction doesn't begin on time. Marshall Criser, chairman of the Florida panel overseeing the state's investment in Scripps, said in September that the Jan. 3 deadline is key.

However, county officials said Tuesday that the site selection delay did not affect the schedule. Among the issues that have delayed Scripps are:

Back-to-back hurricanes that consumed county officials' attention and pushed back critical county hearings.

A legal challenge to a water permit issued by the South Florida Water Management District for the project.

A delay in receiving a U.S. Army Corps of Engineers permit, which cannot be approved until the water permit is cleared.

"The hurricanes haven't helped any of this," said Commissioner Karen Marcus, adding that she was surprised when she heard the Department of Community Affairs failed to approve the county's plans.

The department snag hinges on what state and county officials call a technicality.

The county was supposed to approve a plan that shows how it will build and pay for roads and water and sewer lines to support the development of Scripps Florida and the biotech village that is supposed to spring up around it. Those changes needed to be presented to the state alongside the county's request for approvals to its land-use planning rules.

The county expects to approve the road and sewer plans on Dec. 13. When it does, according to a state-proposed settlement, the department will approve the whole thing -- the land-use changes and the road and sewer plans, Beaudet said.

"We believe that issue can be resolved," said Charlie Gauthier, chief of comprehensive planning for the Department of Community Affairs. If the county and state can't agree to the proposed settlement, the matter would have to go to an administrative hearing.

Environmentalists, who oppose building Scripps Florida on the designated site, said the county should have seen the department's disapproval coming.

The state's decision not to green-light the land-use changes, expected to be official on Friday, starts the 21-day clock during which project opponents must file any legal challenges.

Cadence Mertz can be reached at camertz@sun-sentinel.com or 561-243-6611.